First, it falls in line with the legal principle of crime and punishment-the punishment should fit the nature of the crime and also the social damage of this crime. A case that involves millions of yuan in unidentified property must have a more negative social influence than a bribe that involves a lesser amount. However, in real life, the crime of bribery will incur much more severe punishment than the unidentified property crime, even if the former case involves much less property than the latter. To raise the maximum imprisonment reflects justice and provides more options for the judiciary.
In addition, because of the light punishment for the unidentified property crime, some officials use this escape route when actually they have taken bribes and refuse to cooperate with authorities. The extended term of imprisonment will ensure that the punishment for both crimes is severe.
Wei Wenbiao (Modern Express): If a government official has great power and privilege and also possesses a huge amount of property from devious sources, then the property can be deduced to be illegal income.
In many cases, the tougher the punishment is, the more nervous officials get when offered bribes. Therefore, only by stepping up punishment can we expect to eliminate corruption.
Sheng Dalin (Yangtze Evening News): "Presumption of innocence" is the cornerstone of the modern judicial system. In strict line with this principle, no matter how big the amount of an official's property is, if there isn't hard evidence to link them to bribery-related crimes, it deserves no punishment, even though the owner can't justify its sources. On the other hand, the "right to silence" has also been widely recognized to allow defendants to refuse self-incrimination or decline to answer any questions.
In some complicated corruption cases, investigators can hardly verify the existence of bribery due to the criminal suspects' successful self-protection measures, and it is possible that some investigators are bribed and help the suspects cover up their crimes. Under these circumstances, criminal suspects, who might have been charged with bribery, would be able to take advantage of the principle of "presumption of innocence" and the "right to silence" to evade due punishment. It's necessary to set up a firewall to avoid this embarrassing situation.
Social development relies heavily on justice and fairness. This is a principle that outshines that of "presumption of innocence." From this point of view, the crime of unidentified property should be maintained as long as proper measures are taken to prevent it from being abused. |